Desmond Mgboh, Kano
The Economic and Financial Crimes Commission (EFCC) Kano zone has settled to appeal the acquittal of one Mansur Mahmood who was discharged and acquitted by Hon. Justice Ado Yusuf of the Jigawa State High Court.
Dissatisfied with the ruling, the prosecution said that it had now applied for the record of court proceedings in order to appeal the ruling of the trial court.
The accused person was arraigned by the commission on the 9th 0ctober, 2019 on a one-count charge of alleged N12.4m fraud, an offense which contravenes the provisions of the Penal Code Law.
Upon arraignment, the accused pleaded not guilty. In proving its case, prosecution counsel, Zarami Mohammed, called four witnesses and tendered seven exhibits.
At the close of the prosecution, the defendant opted for a no-case submission. Subsequently, written addresses were filed and adopted. The case was further adjourned to the 23rd day of January 2020 for ruling.
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In his ruling, Justice Yusuf discharged and acquitted the accused on the grounds that the prosecution failed to prove its case beyond a reasonable doubt.
The court described the testimony of PW4 who is the investigation officer (IO) of the case as hearsay.
It could be recalled that the petitioner had alleged in his petition to the EFCC that he advanced money to the tune of N12,430,000.00 to Mansur Mahmoud, who is the treasurer and accountant of Ringim Emirate Council of Jigawa State for payment of the Emirate staff salary and running cost of the emirate.
He said Mansur collected the said amount in different months on the promise to pay back whenever the emirate received its monthly allocation, adding, however, that he failed to pay the money when the emirate got its allocation, regardless of the written agreement he had with him.
He alleged in his petition that all the efforts he made to recover his money had proven abortive.